New Thoughts On The Timing In The Section 3 And Criminal Immunity Cases.

Contributing sentiments towards policy:

52% : So President Trump himself urges this Court in the first few pages of his brief to resolve the issues on the merits, and we think that the Court should do so as well.
46% : What if the Supreme Court remands for further fact finding to determine if, in the particular instances of January 6, Trump may have some sort of as applied immunity.
43% : The "vengeance" risk only arises if Trump wins the election, and there are sufficient Democratic majorities in both houses willing to disqualify him.
38% : There was no finding on whether as applied in particular contexts Trump may have had immunity.
37% : If Trump wins the election with a majority in one or both houses, the joint session of Congress cannot disqualify him on January 6, 2025.
36% : If Trump wins the election, his first act will be to order the AG to dismiss the prosecution, and he may even pardon himself.
34% : If Biden wins the election, who cares if Trump is in insurrectionist?
31% : And if Trump is inaugurated, the Court can defer to Congress's decision to certify Trump's election as evidence that he is not disqualified.
29% : Or maybe the Chief will save Trump by holding that the President is actually a tax.
27% : Jason Murray stated the issue plainly:If this Court concludes that Colorado did not have the authority to exclude President Trump from the presidential ballot on procedural grounds, I think this case would be done, but I think it could come back with a vengeance because ultimately members of Congressmay have to make the determination after a presidential election if President Trump wins about whether or not he is disqualified from office and whether to count votes cast for him under the Electoral Count Reform Act.
27% : If Trump loses the election, the case can go to trial in 2025, and the Supreme Court can eventually hear the issue on direct appeal.
20% : During oral argument in Trump v. Anderson, the Chief Justice did not seem interested in cleanly resolving the insurrection issue.
14% : So to summarize, if the Court takes the path hinted at in Trump v. Anderson, with a remand now, the Justices may never have to decide the issue of criminal immunity, or alternatively, would have to decide the issue about citizen Trump, not candidate Trump.
10% : Again, if Trump loses, the stakes will be much lower, since Trump is no longer a viable political candidate.

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